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California School Expulsion Protocol
Summary
In California, schools can expel students for making terrorist threats if credible evidence exists. However, expulsion based solely on hearsay can be challenged. Students have the right to a fair hearing under California Education Code § 48918. Legal representation is advisable to navigate these proceedings. If an arrest occurs, it should be based on credible evidence, not just hearsay, as per California Penal Code § 422. Consider consulting an education law attorney for guidance.Full Conversation
California
Case Rating: *.
In California, schools have the authority to take disciplinary actions, including suspension or expulsion, if a student makes terrorist threats. However, arresting a minor based on hearsay requires a more thorough investigation.
- California Education Code Section *.*: Allows suspension or expulsion for making terrorist threats.
- California Penal Code Section *: Defines terrorist threats and requires credible threats, not just hearsay, for arrest.
Would you like more information on how to legally challenge the school's decision?
In California, schools have the authority to take disciplinary actions, including suspension or expulsion, if a student makes terrorist threats. However, arresting a minor based on hearsay requires a more thorough investigation.
- California Education Code Section *.*: Allows suspension or expulsion for making terrorist threats.
- California Penal Code Section *: Defines terrorist threats and requires credible threats, not just hearsay, for arrest.
Would you like more information on how to legally challenge the school's decision?
California
In California, schools can expel students for making terrorist threats under California Education Code Section *.*. However, arresting a minor based only on hearsay is more complex and usually requires credible evidence under California Penal Code Section *.
Would you like to know more about legal steps to challenge the school's decision?
Would you like to know more about legal steps to challenge the school's decision?
Yes , I would like more advice on information about challenging the cool decision upon here say
To challenge the school's decision based on hearsay:
- Gather Evidence: Collect any evidence or witness statements that can refute the hearsay.
- Request a Hearing: Under California Education Code Section *, you have the right to a hearing before expulsion.
- Legal Representation: Consider hiring an attorney specializing in education law to represent you during the hearing.
Would you like more details on finding an education law attorney?
- Gather Evidence: Collect any evidence or witness statements that can refute the hearsay.
- Request a Hearing: Under California Education Code Section *, you have the right to a hearing before expulsion.
- Legal Representation: Consider hiring an attorney specializing in education law to represent you during the hearing.
Would you like more details on finding an education law attorney?
My son was arrested at 11 years old for terrorist threat. Based upon hearsay and was arrested and then left in a hospital for * hour evaluation for mental health and then was released less than * hours later. Free to go to school and free to go home not to threat to anyone a nurse told me to obtain legal counsel. What are our rights
In California, you have important rights in this situation:
- Due Process: Your son has the right to due process, including a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: If the arrest was based purely on hearsay, you might have grounds to challenge it under California law (CA Penal Code § *).
- Mental Health: Ensure that your son's mental health evaluation records are accurate.
Would you like more details on finding a specialized attorney to assist you?
- Due Process: Your son has the right to due process, including a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: If the arrest was based purely on hearsay, you might have grounds to challenge it under California law (CA Penal Code § *).
- Mental Health: Ensure that your son's mental health evaluation records are accurate.
Would you like more details on finding a specialized attorney to assist you?
I would
To assist you further:
~Legal Aid Society of San Bernardino
Phone: (*) *-*
Website: www.legalaidsb.org
Would you like more guidance on the next steps or have any specific questions?
Phone: (*) *-*
Website: www.legalaidsb.org
Would you like more guidance on the next steps or have any specific questions?
What rights do we have that?My son was accused of making terrorists threats here say the police raided both his father's home and my home and arrested my son without any evidence.No evidence no facts from a child's here.Say what rights do I have and then rested my son
You have several important rights in this situation:
- Due Process: Your son has the right to a fair hearing before expulsion under California Education Code § *.
- False Arrest: Challenge the arrest if based solely on hearsay under California Penal Code § *.
- Mental Health: Ensure accurate records from the mental health evaluation.
Would you like more information on how to proceed legally or need help finding a specialized attorney?
- Due Process: Your son has the right to a fair hearing before expulsion under California Education Code § *.
- False Arrest: Challenge the arrest if based solely on hearsay under California Penal Code § *.
- Mental Health: Ensure accurate records from the mental health evaluation.
Would you like more information on how to proceed legally or need help finding a specialized attorney?
What is?
The protocol in california schools When he is saying is brought to an adult attention of a terrorist threatening What are the protocol actions for california school
In California, when a school becomes aware of a potential terrorist threat, the following protocols are generally followed:
- Immediate Assessment: Evaluate the credibility and immediacy of the threat.
- Notification: Inform law enforcement and school administration.
- Safety Measures: Implement safety protocols to protect students and staff.
- Investigation: Conduct a thorough investigation, including interviews and evidence gathering.
- Disciplinary Action: If the threat is substantiated, disciplinary actions such as suspension or expulsion may be taken under California Education Code § *.*.
Would you like more detailed information on any of these steps?
- Immediate Assessment: Evaluate the credibility and immediacy of the threat.
- Notification: Inform law enforcement and school administration.
- Safety Measures: Implement safety protocols to protect students and staff.
- Investigation: Conduct a thorough investigation, including interviews and evidence gathering.
- Disciplinary Action: If the threat is substantiated, disciplinary actions such as suspension or expulsion may be taken under California Education Code § *.*.
Would you like more detailed information on any of these steps?
One child had accused my son of making terrorists threats to the school.And to the child all this is here saying, but the police raided my home and arrested my child and now my child's going through expulsion.What is the protocol in California?Schools after a threat is made based on here say
In California, when a school receives a report of a potential terrorist threat, they must follow specific protocols:
- Immediate Assessment: Evaluate the credibility of the threat.
- Notification: Inform law enforcement and school administration.
- Safety Measures: Implement protective measures.
- Investigation: Conduct a thorough investigation, including gathering evidence.
- Disciplinary Action: If credible, disciplinary actions like suspension or expulsion may follow under California Education Code § *.*.
Would you like more details on challenging the school's decision or the arrest?
- Immediate Assessment: Evaluate the credibility of the threat.
- Notification: Inform law enforcement and school administration.
- Safety Measures: Implement protective measures.
- Investigation: Conduct a thorough investigation, including gathering evidence.
- Disciplinary Action: If credible, disciplinary actions like suspension or expulsion may follow under California Education Code § *.*.
Would you like more details on challenging the school's decision or the arrest?
If a fourth grade chi'll tell us the school of a terror threat made by another fourth grade child, but this is only here say there are is no evidence and the child is arrested and both homes are rated.if accusations accusing a child of making terrorists threats are based on hearsay what are the child's to who was accused of terrorists threats right
Your child has several rights in this situation:
- Due Process: The right to a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: Challenge the arrest if it was based solely on hearsay (CA Penal Code § *).
- Mental Health: Ensure accurate records from the mental health evaluation.
Would you like more details on how to legally challenge the school's decision?
- Due Process: The right to a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: Challenge the arrest if it was based solely on hearsay (CA Penal Code § *).
- Mental Health: Ensure accurate records from the mental health evaluation.
Would you like more details on how to legally challenge the school's decision?
When a child accuses another child of committing terrorist threats , but there's no Evidence what are the child's rights in california if he were arrested Homes were rated and child was expelled based on Here say what are their rights
Case Rating: *
Your child has several rights in this situation:
- Due Process: Right to a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: Challenge the arrest if based solely on hearsay (CA Penal Code § *).
- Mental Health: Ensure accurate records from the mental health evaluation.
Would you like more details on how to legally challenge the school's decision or the arrest?
Your child has several rights in this situation:
- Due Process: Right to a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: Challenge the arrest if based solely on hearsay (CA Penal Code § *).
- Mental Health: Ensure accurate records from the mental health evaluation.
Would you like more details on how to legally challenge the school's decision or the arrest?
What are the california education laws and protocol actions for a fourth grader or six greater who makes terrorist threats
In California, if a fourth or sixth grader is accused of making terrorist threats, the following protocols apply:
- Immediate Assessment: Evaluate the credibility of the threat.
- Notification: Inform law enforcement and school administration.
- Safety Measures: Implement protective measures for students and staff.
- Investigation: Conduct a thorough investigation, including interviewing witnesses and gathering evidence.
- Disciplinary Action: If the threat is substantiated, actions like suspension or expulsion may follow under California Education Code § *.*.
Would you like more details on how to challenge the school's decision or the arrest?
- Immediate Assessment: Evaluate the credibility of the threat.
- Notification: Inform law enforcement and school administration.
- Safety Measures: Implement protective measures for students and staff.
- Investigation: Conduct a thorough investigation, including interviewing witnesses and gathering evidence.
- Disciplinary Action: If the threat is substantiated, actions like suspension or expulsion may follow under California Education Code § *.*.
Would you like more details on how to challenge the school's decision or the arrest?
Can a child be expelled based on anothelse?Here's a or say accusations in california schools
In California, a child can be expelled based on accusations if the school determines there is sufficient evidence. However, if the expulsion is based solely on hearsay, you have the right to challenge the decision:
- Due Process: Right to a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: Challenge the arrest based only on hearsay (CA Penal Code § *).
- Legal Representation: Consider hiring an education law attorney.
Would you like more details on finding an education law attorney?
- Due Process: Right to a fair hearing before expulsion (CA Ed. Code § *).
- False Arrest: Challenge the arrest based only on hearsay (CA Penal Code § *).
- Legal Representation: Consider hiring an education law attorney.
Would you like more details on finding an education law attorney?
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